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Winning the Battle of the Experts

Winning the Battle of the Experts takes solid preparation and astute presentationWith the adoption of the Federal Rules of Evidence and similar evidence codes in states throughout the nation, America has witnessed a revolution in trial practice in the last fifteen years. Perhaps the most significant of changes involve the treatment of expert witnesses. By eliminating many technical restrictions on expert testimony, expert witnesses are taking the stand in a wide variety of cases that were once thought inappropriate for such presentations. Due to the increased reliance on expert witnesses, it is now more important than ever to present their testimony effectively to bolster the evidence at trial. In an increasing number of cases, winning the battle-of-the-experts is the key to winning at trial. Achieving success requires a thorough understanding of expert witness law, careful selection and screening of expert witnesses, effective preparation and discovery, and a strong performance at trial

In this crash course, we share expert witness strategies to present persuasive evidence in state and federal courts by:

To understand the law relating to expert witnesses, one must first understand the law relating to witnesses generally and the special treatment afforded those with special expertise.

To understand the law relating to expert witnesses, one must first understand the law relating to witnesses generally and the special treatment afforded those with special expertise.

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How to select credible experts for trial testimony.

One of the most critical decisions that an attorney must make in any case is the selection of expert witnesses -- and whether to use expert testimony at all.

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A good lawyer prepares the expert well. A good expert prepares the lawyer well. One must work closely with the expert to produce strong support for the case.

A good lawyer prepares the expert well. A good expert prepares the lawyer well. One must work closely with the expert to produce strong support for the case.

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Discovery Of Expert Opinions Through Interrogatories and Depositions

To litigate effectively, an attorney must properly disclose the substance of anticipated expert testimony and must thoroughly investigate the background and opinions of opposing experts.

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After an intense selection process, preparation of the expert and discovery, experts must ultimately perform well at trial to justify their expense.

After an intense selection process, preparation of the expert and discovery, experts must ultimately perform well at trial to justify their expense.

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